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Case 20-3061, Document 60, 09/24/2020, 2938278, Page22 of 58
portion of the appeal that challenged the protective order’s bar on disclosure of
information the defendant acquired from the government prior to the litigation. Jd.
at 798. This Court distinguished the differing results based on the breadth of the
protective order’s ban. Jd. As this Court said, “to the extent that the order
prohibits Pappas from disclosure of information he acquired from the Government
prior to the litigation, the order is not a typical protective order regulating
discovery documents and should be appealable because of the breadth of its
restraint.” Jd. (citing United States v. Salameh, 992 F.2d 445, 446-47 (2d Cir.
1993)).
Beyond standing for the proposition that interlocutory appeals are the
exception and not the rule (which Ms. Maxwell doesn’t dispute), Pappas has
nothing to add to the analysis here. Even strictly construing the three requirements
for collateral order jurisdiction, see Will, 546 U.S. at 349, the order here meets the
test.
The balance of the government’s argument against jurisdiction
misunderstands Ms. Maxwell’s position. For example, according to the
government, “it is not entirely clear that all of the issues Maxwell seeks to raise in
this appeal have been finally resolved.” Doc. 37, p 17. Ms. Maxwell’s argument,
says the government, is “primarily focused on attacking the legitimacy of the
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Dates
Document Details
| Filename | DOJ-OGR-00019421.jpg |
| File Size | 621.4 KB |
| OCR Confidence | 95.1% |
| Has Readable Text | Yes |
| Text Length | 1,436 characters |
| Indexed | 2026-02-03 19:43:10.956496 |